Xie Lianbin loses 5 murder charges in the Criminal Appeals Court and upholds the original sentence | Australia Chinatown

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【本报悉尼讯】此前被判终身监禁的悉尼林家灭门案被告谢连斌(Robert Xie)上诉败诉,刑事上诉法庭宣布维持原判。 2009年7月18日,悉尼North Epping的Boundary Road一间别墅发生灭门惨案,警方接报後赶到现场,在主卧内发现了45岁的男主人,谢连斌的妻舅林暋(Min Norman Lin)及其44岁妻⼦林云丽(Li Lily Lin)的⼫体,他们的脸部因为重击已经变得⾯⽬全非。他们12岁及9岁的⼉⼦林涵Herry和林涛Terry则陈⼫在另⼀间房;第3间房内还有林云丽39岁妹妹林云彬(Yun Bin Irene Lin)的屍体。 据了解,当时两个孩子曾经试图逃跑。 经过4次审判後,陪审团认为谢连斌谋杀45岁的林暋和其妻子林云丽,两人的儿子林涛和林涵,以及林云丽的妹林云彬的5项谋杀罪名成立,法庭宣布维持原判。 谢连斌通过视频在监狱出庭,在法官宣布判决後,用手捂住了脸。此前总是站在他身边的妻子,这一次在法庭旁听了审判,庭审後在法庭外也未发表评论,并拒绝确认谢连斌是否会向高院上诉。 林家唯一幸存的孤女林珺(Brenda Lin)也出现在旁听席,同样未发表评论。 对这一谋杀案的审理历时七年半,历经四个陪审团,前两个陪审团半途终止,第三个陪审团无果。最终2017年1月,第四个陪审团给谢连斌定罪,认为每起「残酷」杀人案均属於最严重谋杀案,对现年57岁的前耳鼻喉科医生谢连斌五项终身监禁罪名,均不得假释。 此前,谢连斌及其妻子林姝坚称无辜。去年,谢连斌基於8种理由提出上诉,其中包括法官错误地接受法医专家的证据,将不可接纳的证据提交陪审团,以及由该证据引起的错误判决。其他上诉上诉理由还包括谢连斌的律师通过「一些作为和不作为」导致审判不公,大法官富勒顿(Elizabeth Fullerton)通过与陪审团谈论「 真实生活中的证据和书中以及电视不一样」而误导了陪审团等。 不过,本周一,首席大法官巴瑟斯特(Tom Bathurst)与大法官赫尔姆(Robert Allan Hulme)和琼斯(Robert Beech-Jones)拒绝了其8项上诉理由。刑事上诉法院维持了原判。 法院了解到,谢连斌2009年7月18日淩晨关闭了North Eping林家的电源,并用钥匙开门,进入林家,之後用榔头状武器在卧室展开袭击。法庭认为,杀人犯一定是一个非常了解房屋布局的人,所以可以在黑暗中四处走动。 2011年5月,谢连斌被捕。  据了解,犯罪现场的带血⾜印与谢连斌的ASIC牌运动鞋吻合,监控录像还拍下他剪碎鞋盒并冲到马桶里的证据。最为关键证据的是一个名为「污点91」的明显血迹,大小为2厘米乘6毫米,是警方在谢连斌的车库中发现的,其中包含了林家两名成人和两名儿童的DNA。 林家谋杀案唯一幸存孤女、案发时正在新喀⾥多尼亚游学的林珺在家⼈遇害後,搬去与谢连斌夫妇同住。法庭得知,林家谋杀案发生前,谢连斌就对林珺有不轨行为,自从林家谋杀案发生後,谢连斌对其性侵不断升级。 谢连斌未就量刑进行上诉。(子力) 更新中……

[Sydney, this newspaper] The defendant Robert Xie, who was previously sentenced to life imprisonment in the Sydney Linjiamiemen case, lost the appeal, and the Criminal Appeals Court upheld the original sentence.

On July 2009, 7, a massacre occurred in a villa on Boundary Road in North Epping, Sydney. The police rushed to the scene after receiving the report and found the 18-year-old male owner in the master bedroom, Xie Lianbin’s wife’s uncle Min Norman Lin (Min Norman Lin) The body of his 45-year-old wife, Li Lily Lin, whose face has become completely non-targeted due to the heavy blow.Their 44 and 12-year-old Lin Han Herry and Lin Tao Terry were in another room; in the third room there was the body of Lin Yunli's 9-year-old sister, Yun Bin Irene Lin (Yun Bin Irene Lin).

It is understood that the two children tried to escape.

After 4 trials, the jury found that Xie Lianbin was convicted of murdering 45-year-old Lin Ming and his wife Lin Yunli, their sons Lin Tao and Lin Han, and Lin Yunli's sister Lin Yunbin. The court affirmed the original sentence.

Xie Lianbin appeared in prison via video and covered his face with his hands after the judge announced the sentence.His wife, who had always stood by his side before, attended the trial this time and did not comment outside the court after the trial, and refused to confirm whether Xie Lianbin would appeal to the High Court.

The only surviving orphan of the Lin family, Brenda Lin (Brenda Lin), also appeared in the gallery without comment.

The trial of this murder case lasted seven and a half years. After four juries, the first two juries were terminated halfway, and the third jury was fruitless.Finally, in January 2017, the fourth jury convicted Xie Lianbin, deeming that every "cruel" homicide was the most serious murder. The 1-year-old former otolaryngologist Xie Lianbin was not allowed to parole on five counts of life imprisonment. .

Prior to this, Xie Lianbin and his wife Lin Shu insisted that they were innocent.Last year, Xie Lianbin filed an appeal based on eight reasons, including the judge's wrongful acceptance of evidence from forensic experts, the submission of inadmissible evidence to the jury, and the wrong verdict caused by the evidence.Other grounds for appeal include that Xie Lianbin’s lawyers made the trial unfair through "some acts and omissions", and Justice Elizabeth Fullerton discussed with the jury that "the evidence in real life is different from that in books and television." Misled the jury and so on.

However, on Monday, Chief Justice Bathurst (Tom Bathurst) and Justices Hulme (Robert Allan Hulme) and Jones (Robert Beech-Jones) rejected eight grounds for appeal.The criminal appeal court upheld the original sentence.

The court learned that Xie Lianbin turned off the power of Lin's home in North Eping in the early morning of July 2009, 7, opened the door with a key, entered the Lin's house, and attacked the bedroom with a hammer-like weapon.The court believed that the murderer must be a person who knew the layout of the house very well, so he could walk around in the dark.

In May 2011, Xie Lianbin was arrested. 

It is understood that the bloody print on the crime scene matches with Xie Lianbin's ASIC brand sneakers. The surveillance video also captured evidence that he cut the shoe box and rushed to the toilet.The most critical piece of evidence is an obvious blood stain named "Stain 91," measuring 2 cm by 6 mm. It was discovered by the police in Xie Lianbin's garage. It contained the DNA of two adults and two children from the Lin family.

Lin Jun, who was the only orphan surviving in the Lin family murder case and was studying in New Caldonia at the time of the murder, moved to live with Xie Lianbin and his wife.The court learned that before the Lin family murder case, Xie Lianbin had misconducted Lin Jun. Since the Lin family murder case, Xie Lianbin has continuously escalated his sexual assault.

Xie Lianbin did not appeal the sentence. (Child force)

updating……
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